HomeMy WebLinkAboutMEADOWS AT FOX CREEK PUD - Filed DA-DEVELOPMENT AGREEMENT - 1997-02-21DEVELOPMENT AGREEMENT
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THIS AGREEMENT, made and entered into this day of J 199 '1, by
and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City" and MANION/BOEHNER, a Colorado limited
partnership, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally
described as follows, to wit:
THE MEADOWS AT FOX CREEK P.U.D situate in the North 1/2 of Section 28,
Township 7' North, Range 69 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to the
City a subdivision plat and/or a site plan and landscape plan, a copy of which is on file in
the office of the City's Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City utility plans for the
Property, a copy of which is on file in the office of the Director of Engineering and made
a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and will
further require the installation of certain improvements primarily of benefit to the lands to
be developed and not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the subdivision plat and/or site plan and
landscape plan submitted by the Developer subject to certain requirements and conditions
which involve the installation of and construction of utilities and other municipal
improvements in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
I. General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
F. Natural Resources/ Parks and Recreation
1. The Developer shall be responsible for the installation and maintenance
of the construction fence as shown on the approved utility plans along the wetlands
boundary adjacent to Spring Creek throughout the buildout of this development. In
addition, the Developer shall take all reasonable and necessary measures to ensure that
the fence is constructed and maintained in the location shown on said plans and that no
disturbance occurs outside of the defined limits of disturbance as shown on the approved
utility plans. The City shall have the option to withhold building permits and certificates of
occupancy, as stated in Paragraph III.D of this Agreement, as it deems necessary in order
to ensure that the Developer installs and maintains said construction fence as shown on
the approved Plan throughout the buildout of this development.
2. The Developer shall be responsible for providing the construction signs,
barricades, and any temporary connection necessary for the safe operation and use of the
Spring Creek bike trail during construction of the stormwater crossing under the trail.
Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the Director of Engineering
in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove
said safety devices until the construction has been completed and approved by the
Director of Engineering.
B. The Developer shall, at all times, keep the public right-of-way free from
accumulation of waste material or rubbish caused by the Developer's operation; shall
remove such rubbish no less than weekly and; at the completion of the work, shall remove
all such waste materials, rubbish, tools, construction equipment, machinery, and surplus
materials from the public right-of-way. The Developer further agrees to maintain the
finished street surfaces so that they are free from dirt caused by the Developer's operation.
Any excessive accumulation of dirt and/or construction materials shall be considered
sufficient cause for the City to withhold building permits and/or certificates of occupancy
until the problem is corrected to the satisfaction of the Director of Engineering. If the
Developer fails to adequately clean such streets within two (2) days after receipt of written
notice, the City may have the streets cleaned at the Developer's expense and the
Developer shall be responsible for prompt payment of all such costs.
C. The Developer hereby agrees that it will require its subcontractors to cooperate
with the City's construction inspectors by ceasing operations when winds are of sufficient
velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public
health and welfare.
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D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements or
obligations may be shown on the original plat and related documents, or any replat as
subsequently filed by the Developer, and the City may withhold such building permits and
certificates of occupancy as it deems necessary to ensure performance hereof.
E. Nothing herein contained shall be construed as a waiver of any requirements of
the City Code, and the Developer agrees to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver shall
be held or construed to be a waiver of any subsequent breach hereof.
G. Financial obligations of the City of Fort Collins payable after the current fiscal
year and/or not appropriated or budgeted are contingent upon funds for that purpose being
appropriated,
budgeted and otherwise made available by the Fort Collins City Council.
H. This Agreement shall run with the Property and shall be binding upon and inure
to the benefit of the parties hereto, their personal representatives, heirs, successors,
grantees and assigns. It is agreed that all improvements required pursuant to this
Agreement touch and concern the Property regardless of whether such improvements are
located on the Property. Assignment of interest within the meaning of this paragraph shall
specifically include, but not be limited to, a conveyance or assignment of any portion of the
Developer's legal or equitable interest in the Property, as well as any assignment of the
Developer's right's to develop the Property under the terms and conditions of this
Agreement.
I. In the event the Developer transfers title to the Property and is thereby divested
of all equitable and legal interest in the Property, the City hereby agrees to release said
Developer from liability under this Agreement with respect to any breach of the terms and
conditions of this Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to be a material element
hereof. In the event that either party shall fail to perform according to the terms of this
Agreement, such party may be declared in default. In the event that a party has been
declared in default hereof, such defaulting party shall be given written notice specifying
such default and shall be allowed a period of five (5) days within which to cure said default.
In the event the default remains uncorrected, the party declaring default may elect to: (a)
terminate the Agreement and seek damages; (b) treat the Agreement as continuing and
require specific performance or; (c) avail itself of any other remedy at law or equity.
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K. In the event of the default of any of the provisions hereof by either party which
shall require the party not in default to commence legal or equitable action against said
defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -
defaulting party's reasonable attorney's fees and costs incurred by reason of the default.
Nothing herein shall be construed to prevent or interfere with the City's rights and remedies
specified in Paragraph III.D of this Agreement.
L. This Agreement shall not be construed as or deemed to be an agreement for
the benefit of any third party or parties, and no third party or parties shall have any right of
action hereunder for any cause whatsoever.
M. Any notice or other communication given by any party hereto to any other party
relating to this Agreement shall be hand -delivered or sent by certified mail, return receipt
requested, addressed to such other party at their respective addresses as set forth below;
and such notice or other communication shall be deemed given when so hand -delivered
or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
If to the Developer: ` I"+ L
cal 2 y V--A
With a copy to:
Notwithstanding the foregoing, if any party to this Agreement, or their successors, grantees
or assigns, wishes to change the person, entity or address to which notices under this
Agreement are to be sent as provided above, such party shall do so by giving the other
party to this Agreement written notice of such change.
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N. It is expressly understood and agreed by and between the parties hereto that
this Agreement shall be governed by and its terms construed under the laws of the State
of Colorado and the City of Fort Collins, Colorado.
O. When used in this Agreement, words of the masculine gender shall include the
feminine and neuter gender, and when the sentence so indicates, words of the neuter
gender shall refer to any gender; and words in the singular shall include the plural and vice
versa. This Agreement shall be construed according to its fair meaning, and as if prepared
by all parties hereto, and shall be deemed to be and contain the entire understanding and
agreement between the parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, representations, expressed or implied, concerning this
Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are fore convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: a1. 4,..wol?-�
Cit Manager
A�EST:
City Clerk
APPROVED AS TO CONTENT:
Director of Engineering
PPROVED AS TO FORM:
A sistant City Attorney
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ATTEST:
aA
Irene Manion
DEVELOPER:
MANION/BOEHNER, a Colorado
Limited Partnership
By:
Ji anion, General Partner
By: 1fts
Dale Boehner, General Partner
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EXHIBIT "A"
Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
Schedule of street improvements to be installed out of sequence.
Not Applicable
4. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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EXHIBIT "B"
NOT APPLICABLE
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EXHIBIT C
• .ar.a
*Length of sidewalk to be removed: 216.5' => 153 SY
*Area of asphalt to be removed:
*New Asphalt: 1,091 SF => 121 SY
*New Roll-over C&G: 120 LF
88 LF
1,407 SF
244 SF => 556 SY
3,352 SF
*Regrading: 1,518 SF + 262 SF => 200 SY (also landscaping)
*New Driveway: 400 SF
*Extend 6-inch WM: 17 LF
*Extend 8-inch PVC SAN.SWR: 42 LF
*Remove fire hydrant
[11=0 I�
Sidewalk removal:
$5/SY
Asphalt removal:
$4/SY
New asphalt and base:
$7.50/SY
New C&G:
$10.50/LF
Regrading:
$2.00/SY
Driveway:
$2.50/SF
Landscaping:
$1.00/SF
Hvdrant Removal
6-inch WM $19.65/LF
8-inch San.SWR $16.20/LF
(Crew: B-21 *@ $40.95/hr
Assume � 2 hr) $100
(153)($5)+(556)($4)+(121)(7.50)+(208)(10.50)+(200)(2.00)+(400)(2.50)+(1518+262)($1.00)+
(17) ($19.65)+(42) ($16.20)+($100)
$10,375 - add 10% contingency
TOTAL $11,415
Scott Queen P.E.
vJ�
6 1�agao 28092
�*
Dated •,;. ?"r.*,***e
*Means site work and landscape cost data - 1996
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improvements, (2) obtaining a building permit therefor, or (3) any change in grade, contour
or appearance of said property caused by, or on behalf of, the Developer with the intent
to construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and facilities,
streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of Engineering at the time of
approval of the utility plans relating to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the event that the Developer
commences or performs any construction pursuant hereto after three (3) years from the
date of execution cif this agreement, the Developer shall resubmit the project utility plans
to the Director of Engineering for reexamination. The City may require the Developer to
comply with approved standards and specifications of the City on file in the office of the
Director of Engineering at the time of resubmittal.
C. No building permit for the construction of any structure within the development
shall be issued by the City until the water lines, fire hydrants, sanitary sewer lines, and
public streets (including curb, gutter and sidewalk and pavement with at least the base
course completed) serving such structure have been completed and accepted by the City.
No building permits shall be issued for any structure located in excess of nine hundred feet
(900') from a single point of access.
D. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets
described on Exhibit 'A," attached hereto, shall be installed within the time and/or
sequence required on Exhibit "A." If the Director of Engineering has determined that any
water lines, sanitary sewer lines, storm drainage facilities and/or streets are required to
provide service or access to other areas of the City, those facilities shall be shown on the
utility plans and shall be installed by the Developer within the time as established under
"Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the Developer agrees to install
and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and
all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by
this development as shown on the approved plat, site, landscape and utility plans, and
other approved documents pertaining to this development on file with the City.
F. Street improvements (except curbs, gutters and walks) shall not be installed until
all utility lines to be placed therein have been completely installed, including all individual
lot service lines leading in and from the main to the property line.
G. The installation of all utilities shown on the utility plans shall be inspected by the
Engineering Department of the City and shall be subject to such department's approval.
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The Developer agrees to correct any deficiencies in such installations in order to meet the
requirements of the plans and/or specifications applicable to such installation. In case of
conflict, the utility plans shall supersede the standard specifications.
H. All storm drainage facilities shall be so designed and constructed by the
Developer as to protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The Developer
shall meet or exceed the minimum requirements for storm drainage facilities as have been
established by the City in its Drainage Master Plans and Design Criteria. The Developer
does hereby inderrinify and hold harmless the City from any and all claims that might arise,
directly or indirectly, as a result of the discharge of injurious storm drainage or seepage
waters from the Property in a manner or quantity different from that which was historically
discharged and caused by the design or construction of the storm drainage facilities,
except for (1) such claims and damages as are caused by the acts or omissions of the City
in maintenance of such facilities as have been accepted by the City for maintenance; (2)
errors, if any, in the general concept of the City's master plans (but not to include any
details of such plans, which details shall be the responsibility of the Developer); and (3)
specific directives that may be given to the Developer by the City. Approval of and
acceptance by the City of any storm drainage facility design or construction shall in no
manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid
indemnification. The Developer shall engage a Colorado licensed professional engineer
to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that
such engagement shall be intended for the benefit of the City, and subsequent purchasers
of property in the development.
I. The Developer shall pay storm drainage basin fees in accordance with Chapter
26, Article VII of the City Code. Storm drainage improvements eligible for credit or City
repayment under the provisions of Chapter 26 are described together with estimated cost
of the improvements on the attached Exhibit "B," which improvements, if applicable, shall
include right-of-way, design and construction costs. See Section II.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering with certified Record
Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase
of the construction.
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated to the City associated with this development are in
compliance with all environmental protection and anti -pollution laws, rules, regulations,
orders or requirements, including solid waste requirements, as defined by the U. S.
Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such
portions of the Property as are dedicated to the City pursuant to this development, are in
compliance with all such requirements pertaining to the disposal or existence in or on such
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dedicated property of any hazardous substances, pollutants or contaminants, as defined
by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority, pertaining to the disposal of hazardous
substances, pollutants or contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of,
or related to any property dedicated to the City in connection with this development. The
Developer further agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the aforementioned
environmental risks brought against the City by third parties arising as a result of the
dedication of portions of the Property to the City in connection with this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any
hazardous substance, pollutant or contaminant generated or deposited by the City, its
agents or representatives, upon portions of the Property dedicated to the City in connection
with this development.
II. Special Conditions
A. Water Lines
1. Prior to the issuance of any building permits for this development, the
Developer shall, in accordance with Section 26-121 of the City Code, reimburse the City
the sum of $7,365.84 plus inflation for the Developer's portion of the cost of installation of
the 16 inch water main in Moore Lane which extends through the Property. The amount
of inflation shall be calculated based upon the Construction Cost Index for Denver as
published in the Engineering News Record of September 12, 1985.
B. Sewer Lines
1. Prior to the issuance of any building permits for this development, the
Developer shall, in accordance with Section 26-372 of the City Code, reimburse the City
the sum of $16,781.69 plus inflation for the Developer's portion of the cost of installation
of the 12 inch sanitary sewer (Dixon Creek Sanitary Sewer) which extends through the
Property. The amount of inflation shall be calculated based upon the Construction Cost
Index for Denver as published in the Engineering News Record of July 5, 1984.
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and off -site storm
drainage improvements, as shown on the approved utility plans for the development, shall
be completed by the Developer in accordance with said approved plans prior to the
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issuance of more than seven (7) building permits in the development. Completion of
improvements shall include the certification by a professional engineer licensed in
Colorado that the drainage facilities which serve this development have been constructed
in conformance with said approved plans. Said certification shall be submitted to the City
at least two weeks prior to the date of issuance for any building permit greater than said
seven (7) building permits.
2. The Developer agrees to provide and maintain erosion control
improvements as shown on the approved utility plans to stabilize all over -lot grading in and
adjacent to this development. The Developer shall also be required to post a security
deposit in the amount of $7,907.00 prior to beginning construction to guarantee the proper
installation and maintenance of the erosion control measures shown on the approved Plan.
Said security deposit shall be made in accordance with the criteria set forth in the City's
Storm Drainage Design Criteria and Construction Standards (Criteria). If, at any time, the
Developer fails to abide by the provisions of the approved utility plans or the Criteria, the
City may enter upon the Property for the purpose of making such improvements and
undertaking such activities as may be necessary to ensure that the provisions of said plans
and the Criteria are properly enforced. The City may apply such portion of the security
deposit as may be necessary to pay all costs incurred by the City in undertaking the
administration, construction, and/or installation of the erosion control measures required
by said plans and the Criteria. In addition, the City shall have the option to withhold
building permits and certificates of occupancy, as stated in Paragraph III.D of this
Agreement, as it deems necessary in order to ensure that the Developer installs and
maintains the erosion control measures shown on the approved Plan throughout the
buildout of this development.
3. The Developer shall obtain the City's prior approval of any changes from
the approved utility plans in grade elevations and/or storm drainage facility configuration
that occur as a result of the construction of houses and/or development of lots, whether by
the Developer or other parties. The City reserves the right to withhold the issuance of
building permits and certificates of occupancy for this development until the City has
approved such changes as being acceptable for the safe and efficient delivery of storm
drainage water.
4. The Developer and the City agree that the storm drainage system for this
development contains some features that make it important to construct the storm drainage
facilities in accordance with the approved plans and to ensure that the facilities are
maintained and kept operational throughout the buildout of this development. For this
reason the following additional requirements shall be followed for building on all lots in this
development:
The drainage improvement system required to be constructed on and adjacent to
all lots in this development, including the lot grading, swale grading, and minor
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swale grading, as shown on the approved utility plans for the development, shall
be completed in accordance with said approved plans and said completion shall be
certified as being in accordance with said plans by a professional engineer licensed
in Colorado. A certification by such engineer that the lot grading, swale grading,
minor swale grading, and the drainage system's function and adequacy to serve
its purpose has not been impaired by the construction and landscaping on, or on the
open space adjacent to, each of the above lots, shall be submitted to the City prior
to the issuance of a certificate of occupancy for each lot in the development. Said
certification shall be submitted to the City at least two weeks prior to the date of
issuance of any certificate of occupancy for each of said lots.
The Developer shall also file a notice with the Larimer County Clerk and Recorder
describing the landscaping and fencing restrictions that exist for the drainage easements
on all lots in this development. Said notice shall reference the location of the specific
restrictions shown on the plans and notes in the approved utility plans for this
development. Said notice shall be filed in a City approved form prior to the sale of any lots
in the development.
5. All lots in the development abut certain storm drainage facilities, the
Pleasant Valley and Lake Canal and/or Spring Creek and therefore it is agreed that it is of
the utmost importance that no storm water from said facilities, the canal, and/or the creek
enters houses built: on said lots. In order to provide the assurance that houses built on said
lots are constructed at an elevation that said storm water cannot enter, the approved utility
plans for this development contain specifications for the minimum elevation for any opening
to each such house. Prior to the issuance of a certificate of occupancy for each house in
this development, the Developer shall provide certification from a professional engineer
licensed in Colorado that the lowest opening to any such house is at or above the minimum
elevations required and specified on the approved utility plans for the development. Said
certification is in addition to, and may be done in conjunction with, the certification of the
lot grading, swale grading, and minor swale grading, described in paragraph II.C.4. above.
6. The Developer and the City agree that the Developer is obligated to
maintain all on -site storm drainage facilities not accepted for maintenance by the City and
all off -site storm drainage facilities not accepted for maintenance by the City serving this
development and outside of the public rights -of -way.
7. The Developer and the City agree that the retaining wall adjacent to Lots
10 through 12 of this development shall be designed by a professional engineer licensed
in Colorado and that said design shall be submitted to the City Stormwater Utility for review
and approval prior to the construction of said retaining wall and prior to the issuance of any
building permit for said lots.
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8. Lots 10 and 11 of the Property are within the boundary of a temporary
detention pond and the associated drainage easement dedicated for said pond. Said
temporary pond is necessary to remain in place and functioning until downstream
improvements are completed and accepted by the City and the City deems that the
temporary detention pond on the Property can be removed. Accordingly, the Developer
and the City agree that no building permits for Lots 10 and 11 of the Property can be
issued until the downstream improvements necessary to replace the need for the
temporary detention pond have been completed and accepted by the City . Upon
completion of said downstream improvements and prior to the issuance of any building
permits for either of Lots 10 and 11, the Developer shall remove the temporary detention
pond and complete the permanent storm drainage facilities as shown on the approved
utility plans for this development. Completion of improvements shall include the
certification by a professional engineer licensed in Colorado that the drainage facilities
which serve this development have been constructed in conformance with said approved
plans. Said certification shall be submitted to the City at least two weeks prior to the date
of issuance for any building permit for either of Lots 10 and 11. In addition, prior to the
issuance of any certificate of occupancy for each of Lots 10 and 11, the certification
requirements of Paragraphs II.C.4 and II.C.5 of this Agreement shall be satisfied.
D. Streets
1. The Developer and the City agree that no street oversizing reimbursement
from the City is due the Developer for this development.
2. It is of the utmost importance that lot owners are informed of the future
extension of Foxhole Street to the east of the Property and the potential future extension
of Moore Lane to the south of the Property. Said street extensions are necessary to
provide connectivity and alternative travel routes between this development and the
existing and future street network in the area. For this reason, the Developer shall file a
notice with the Larimer County Clerk and Recorder to ensure that all lot owners, with the
initial purchase of lots as well as with future changes in lot ownership in the development,
are informed of the future extension of Foxhole Drive and potential future extension of
Moore Lane. Said notice shall include a statement that Foxhole Drive shall be extended
from this development to the east, and that Moore Lane is planned to be extended from
this development to the south, with future develop ment/redevelopment of the adjacent
properties. Said notice shall reference the recorded plans and other related P.U.D.
documents for the Fox Creek P.U.D, First Filing and the Meadows at Fox Creek P.U.D. on
file with the City and available for additional public information. Said notice shall be filed
in a City approved form prior to the sale of any lots in the development.
3. As described in paragraph II.D.2 of this Agreement, Foxhole Drive will
extend to the east to serve the adjacent property when it redevelops. Section 29-679 of
the City Code requires that, prior to the issuance of a certificate of occupancy for any lot,
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the ultimate utility and street improvements adjacent to the lot must be completed. The
ultimate utility and street improvements adjacent to Lots 4 and 5 of the Property include
water and sewer lines ( and associated manholes, fire hydrants, valves, etc.) constructed
to the east property line and a residential street thirty-six (36) feet in width flowline to
flowline to the east property line as shown on sheet six (6) of the approved utility plans.
Said ultimate improvements cannot be constructed at this time because the Developer
cannot obtain the necessary off -site easements to construct a temporary turnaround as
required by Section 29-658(c) of the City Code. Therefore, the City has agreed to allow
the Developer the option to construct interim improvements to terminate Foxhole Drive in
a paved cul-de-sac with curb, gutter and sidewalk as shown on the approved utility plans
in order to obtain building permits and certificates of occupancy for Lots 1 through 7 of the
Property. The cul-de-sac shall remain only until such time as the City requires Foxhole
Drive to be extended to the east. At that time, the cul-de-sac shall be removed, the street
shall be reconstructed to the property line to match the existing residential street width, and
the disturbed area shall be graded and reseeded, as shown on the approved utility plans.
The Developer and the City agree that, in accordance with City Code, prior to the issuance
of a building permit for any of Lots 1 through 7, the Developer shall construct the interim
improvements for Foxhole Drive as shown on the approved utility plans. Prior to the
issuance of any building permits for Lots 4 and 5 of the Property, the Developer shall
escrow funds to be deposited with the City in the form of cash, bond, nonexpiring letter of
credit or other form of City approved security sufficient to guarantee the removal of the
interim cul-de-sac and the completion of the ultimate utility and street improvements to
Foxhole Drive as described above. The escrow amount shall be equal to 150% of the
estimate, prepared by the Developer's engineer and attached hereto as Exhibit "C", for the
improvements ($11,415.00). However, if a cash escrow is deposited with the City, said
escrow shall be 100% of said engineer's estimate. The City shall utilize said escrow to
reimburse the party who removes the interim improvements and extends Foxhole Drive as
described above. The Developer shall have the right to request that the City release the
escrow back to the Developer if the property to the east develops in such a way as to
preclude the extension of Fox Hole Drive to the east or after a period of ten (10) years from
the date of this Agreement, whichever first occurs .
In lieu of constructing the interim cul-de-sac improvements on Foxhole Drive as shown on
the approved utility plans, the Developer shall have the option to construct a temporary
gravel turnaround on the Property in order to obtain building permits and certificates of
occupancy for those lots which access Foxhole Drive upon construction and completion
of all permanent, ultimate, utility and street improvements along each lot frontage in
accordance with the City Code. The Developer shall provide a temporary easement for
said turnaround, submit revised utility plans to show the design for said turnaround, and
obtain the City's approval of said design prior to the issuance of any building permits for
Lots 1 through 7 of the Property. No building permits shall be issued for lots which front
on the temporary turnaround.
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4. The Developer and the City agree that the Developer is responsible for
all costs for the initial installation of traffic signing and striping for this development related
to the development's local street operations. In addition, the Developer is responsible for
all costs for traffic signing and striping related to directing traffic access to and from the
development (e.g., all signing and striping for a right turn lane into the development site).
5. At this time, Moore Lane is planned as a potential future street connection
to the south from the south property line of this development. However, the existing land
use pattern south of Spring Creek and the costs associated with a future crossing of Spring
Creek at this location may make other options for street connections to the south of Drake
Road more desirable than the extension of Moore Lane. Therefore, the Developer has
dedicated right-of-way for the potential future street extension, but is not being required at
this time to escrow funds for any of the reconstruction necessary to extend Moore Lane to
the south of this development since said extension may not occur due to other options
which may prove to be more feasible and cost effective in the future.
E. Ground Water
1. The Developer and the City recognize that this development is adjacent
to both the Pleasant Valley and Lake Canal irrigation ditch and Spring Creek and that
seepage from the same may impact the ground water levels in the development. In
addition, the Developer and the City recognize that soil borings in this development have
indicated the presence of shallow groundwater. Accordingly, it is agreed that the
Developer shall be allowed to install a subdrain system (and may be required by the City
to install a subdrain for construction of utilities) designed to help prevent water from
seeping into basements of homes constructed within the development. Prior to the
installation of any :such subdrain system, the Developer shall submit a hydrologic study and
plans for said subdrain system, prepared by a professional engineer licensed in Colorado
and designed in accordance with the City's criteria for subdrains within the public right-of-
way. Such study and plans shall be reviewed and approved by the City prior to the
Developer constructing the subdrain system. The Developer and the City agree that the
City shall not be responsible for the maintenance of any such subdrain system and that it
shall be the responsibility of the Developer to maintain said subdrain system.
2. The City shall not be responsible for, and the Developer hereby agrees
to indemnify the City against, any damages or injuries sustained in the development as a
result of ground water seepage, whether resulting from groundwater flooding, structural
damage, or other damage, unless such damages or injuries are sustained as a result of
the City's failure to properly maintain its storm drainage facilities in the development.
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